Nelson & Hutchison Cite Federal Legal Precedents to NASA

"Finally, we would like to clarify our intent when stating "to the extent practicable" in the Authorization Act, such as the direction to leverage Shuttle and Constellation capabilities "to the extent practicable" in developing the Space Launch System and the multi-purpose crew vehicle. Federal courts have held that the phrase "to the maximum extent practicable" imposes "a clear duty on [an] agency to fulfill the [relevant] statutory command to the extent that it is feasible or possible*' (Fund for Animals v. Babbitt, 903 F. Supp. 96,107 (D.D.C. 1995) (noting that the phrase "does not permit an agency unbridled discretion") ..."

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Letter from Sen. Nelson and Sen. Hutchison to NASA Administrator Bolden Regarding Space Launch System / Multi-purpose Crew Vehicle\n\n\"Finally, we would like to clarify our intent when stating \"to the extent practicable\" in the Authorization Act, such as the direction to leverage Shuttle and Constellation capabilities \"to the extent practicable\" in developing the Space Launch System and the multi-purpose crew vehicle. Federal courts have held that the phrase \"to the maximum extent practicable\" imposes \"a clear duty on [an] agency to fulfill the [relevant] statutory command to the extent that it is feasible or possible*' (Fund for Animals v. Babbitt, 903 F. Supp. 96,107 (D.D.C. 1995) (noting that the phrase \"does not permit an agency unbridled discretion\") ...\"

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